"CBS exhausted the Texas courts. They went from the trial court to the intermediate court to the highest court." -- Floyd Abrams
Floyd Abrams (born July 9, 1936) is an American attorney at Cahill Gordon & Reindel. He is an expert on constitutional law, and many arguments in the briefs he has written before the United States Supreme Court have been adopted as United States Constitutional interpretative law as it relates to the First Amendment and free speech. He is the William J. Brennan Jr. Visiting Professor at the Graduate School of Journalism at Columbia University. Abrams argued for The New York Times and Judith Miller in the CIA leak grand jury investigation. Abrams joined Cahill Gordon & Reindel in 1963, and became a partner in 1970.
"CBS fought very hard on this because it believed and believes that there's a principle at stake here. The principle is that Dan Rather doesn't work for the police, and that people that speak to Dan Rather understand that he's a journalist and not a police agent.""Here we have a situation where a defendant in a case agrees to an interview with Dan Rather. It happened to be not confidential. But it was an interview with Dan Rather.""I am really impressed by lawyers who write books and tell us that they never lost a case. Most lawyers who have never lost a case have not had enough hard cases. But there are very difficult cases out there.""I just had the sense that at least the books that I had read about law just didn't really have enough of that.""I know a lot of reporters certainly will go to jail to defend confidential sources. Some have even gone to jail for an issue like this. But I can't say that's the norm.""I mean the idea of this is that it's a good thing for the public to hear interviews like this and that there will be an inevitable amount of fewer interviews if people that the press talks to wind up thinking, well, it's not really a CBS correspondent.""I really did try to write it so that an educated public that cares about issues like this doesn't have to be a lawyer and can read it and understand it.""I really try at least to come back and answer the question as to whether that was really the best way to do that and was I really thinking straight and how did my opponents behave and how did the judges behave was needed.""I still owe a duty of loyalty to my clients and former clients, so I cannot specify which clients I did not especially find congenial, but the cause was the same.""I think that it is important for people to understand that whether a good-guy or a bad-guy wins a case is less important than what the law is that the case results in.""I think that the very fact that CBS fought and fought and fought in Texas, in New York.""I think we have some serious problems now, but, if you look back over the last thirty or forty years that my book deals with, I think we are in better shape now than we would have been if all of those cases had not come down.""I try to do that in this book without preaching - to try to do as you just said that you really have to defend the First Amendment rights of everybody.""I would say that the Pentagon Papers case of 1971 - in which the government tried to block the The New York Times and The Washington Post that they obtained from a secret study of how we got involved in the war in Vietnam - that is probably the most important case.""If the word gets out, if the perception exists that by speaking to a CBS journalist you are, therefore, inevitably, immediately speaking to the police, I don't think there's any doubt but that people won't talk. And, therefore, the public won't learn.""It has something to do with the facts and the law and who the judges are. So I think lawyers sometimes exaggerate their role in winning and losing. Lawyers do have a role, and a major role, but they're not the only players in this game.""It is not to benefit CBS, not to benefit its reporters. On this one, the entire basis of it is this is a way to get more information, more important information to the public. And that's why so many states recognize this.""It is within the last quarter century or thirty years. And a lot of that law has turned out to be very, very protective of the press and the public's right to know.""It just seems to be a human trait to want to protect the speech of people with whom we agree. For the First Amendment, that is not good enough. So it is really important that we protect First Amendment rights of people no matter what side of the line they are on.""It's not like learning how to hit a curve ball in baseball.""My role in it was not as central as it was in some of the later cases considering I was younger then and I was playing a role of co-counsel on the case.""No other country in the world gives protection like that, but it is not absolute protection. People sometimes meet that high burden and win libel suits, and in those cases I think they ought to win.""So sometimes the facts are good and sometimes the facts are bad, the important thing from the point of view of a principle as broad and important as freedom of speech is that the courts articulate and set forth in a very protective way what those principles are.""The government would be able to go to court with respect to newspaper articles, broadcast pieces and the like that they thought were bad or harmful or even against the government and try to block them.""The principle though remains the same, and the important thing is CBS fought hard, very hard, to protect that principle and will fight again.""The question at the end of the day was, the courts having found there was no defense, a producer about to go to jail, should CBS in effect tell the producer go to jail even though there is no law at all that we can use to get you out of jail?""There are some circumstances in which the First Amendment interest comes up against another interest that is really important and in which we have to make a decision in a particular case as to which is more important.""This is going right to the police. So, it's a very dangerous precedent.""Were this not Texas, were there not a state where there were no protections at all and where the law was clear on that, I think CBS and Mary Mapes and Dan Rather and all of us had a very good chance of winning. So this is an ongoing battle about an issue of principle.""When I began we did not really have a lot of First Amendment law. It is really surprising to think of it this way, but a lot of the law - most of the law that relates to the First Amendment freedom of the press in America - is really within living memory."
Abrams earned his undergraduate degree from Cornell University in 1956, and his Juris Doctor from Yale Law School in 1960. He is Jewish and lives in New York City with wife Efrat. Together they have a son, Dan Abrams of MSNBC, and a daughter, Ronnie Abrams. He is a member of the Constitution Project's Liberty and Security Committee and a patron of the Media Legal Defence Initiative.
From 1961-63, Abrams clerked for Judge Paul Leahy of the United States District Court for the District of Delaware. He returned to Yale as a Visiting Lecturer from 1974—80, and again from 1986-89. He was also a Visiting Lecturer at Columbia Law School from 1981-85.
Abrams appearance before the Supreme Court as an advocate of the First Amendment has put him in a class of prominent and still-working legal scholars who have shaped American understanding of their fundamental rights under the United States Constitution. In his 2005 book Speaking Freely, he outlines his knowledge of and perspective on these influential cases (listed in the main article above). Abrams said these cases showcase the work that has been done on free speech in the United States. Fellow Supreme Court attorney Lee Levine, in a book review, wrote that "the modern history of the freedom of the press in this country is intimately associated with the career and work of Floyd Abrams." His career matured in the late 1960s, right after the Supreme Court decided New York Times Co. v. Sullivan (1964). He has worked on the Pentagon Papers and Branzburg v. Hayes (1972), to Landmark Communications v. Virginia (1978) and Smith v. Daily Mail Publishing Co. (1979), to Nebraska Press Association v. Stuart (1976). He has defended numerous clients, including the Brooklyn Museum of Art from Rudolph Giuliani over the Sensation exhibition, NBC from Wayne Newton, and Al Franken from a trademark lawsuit from Fox News Channel over the use of the phrase "Fair and Balanced" in the title of his book.
In a column on Slate entitled Memo to Cooper and Miller: Fire Floyd Abrams. Hire Bruce Sanford, Jack Schafer felt Abrams's First Amendment argument was weaker than others' on behalf of the reporters in the Valerie Plame affair. In the majority opinion, Judge Sentelle found Abrams' assertion that a First Amendment privilege protects Matthew Cooper and Judith Miller from the subpoena to lack merit. They ordered both reporters to talk to the grand jury about their confidential sources or face jail for contempt, which Miller ultimately did. "Maybe a First Amendment legend isn't what this case called for in the first place," said Shafer. "Maybe Cooper and Miller would have been better served by having a criminal lawyer who knows how to bargain." Shafer thought Abrams' expertise was not adequately enough suited for the subject matter: "...my guess is that they won't [agree to hear the case] if it's argued on First Amendment grounds, preferring to let their Branzburg precedent stand."
"I really believe that a lawyer - no matter how good - if he or she is really worth their weight in salt, they will lose some cases because, after all, it is not really one of those secretive things that not everything is decided by who your lawyer is."
"In August 1967 I spent a few days in New Delhi, visiting a friend who had been a law school classmate seven years earlier. She was a princess...a genuine one, from a still-powerful regal family. In New York, when we were studying together, I had taken her to a Yankee game. In New Delhi she reciprocated by taking me to her fortune-teller...not just hers, but that of a bevy of Indian leaders, including former Prime Minister Jawaharlal Nehru and his daughter and successor as prime minister, Indira Gandhi.... Before I was thirty-five, he said, I would go to my country's capital to work on something that was important. The work, he said, would make me famous. It was not the sort of prediction that one entirely forgets. I was then thirty-one."
"I then described two of my favorite First Amendment cases, the first of which was the 1966 Supreme Court ruling in Mills v. Alabama.... The other case was commenced by a Miami labor leader, Pat Tornillo, who was a candidate for the Florida House of Representatives. The Miami Herald had published editorials criticizing Tornillo; the union leader had responded by demanding that the Herald publish, verbatim, replies he had written to each editorial."
"Ask someone to name a First Amendment lawyer. If they answer, one-hundred percent of the time the answer will be the same: Floyd Abrams. Then ask them to name another such lawyer. The answer: silence. It is a sign of the times that the name Floyd Abrams is synonymous with the First Amendment in a way that virtually no other name is." First Amendment Center.
"[Floyd Abrams is the] most significant First Amendment lawyer of our age." Senator Daniel Patrick Moynihan.
"Most illuminating are Abrams's detailed explanations of the legal and psychological tactics he has used before the Supreme Court.... Abrams rarely steps back from his courtroom reconstructions to make a more comprehensive argument for his nearly absolutist reading of the First Amendment. Only in describing his fight against the McCain-Feingold campaign finance law does Abrams reason more broadly, and his powerful argument makes a reader wish the whole book had been more expansive." Publishers Weekly.
"Unfortunately, Abrams is far more fair-minded where the argument against a free-speech claim is weak than he is where it's compelling.... This is a serious flaw, and not just because it doesn't do justice to a complicated issue [like campaign finance reform].... It isn't too much, however, to expect as straightforward an account of the McCain-Feingold case as Abrams offers of other cases in the book. In general, his charming, engaging and often compelling book would have been stronger if he at any point revealed any real intellectual or emotional distance from a client's litigating position. Not all First Amendment claims are created equal." Benjamin Wittes, The Washington Post's Book World.
